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Utah Code Title 20A. Election Code § 20A-7-502.7. Referability to voters

Current as of January 01, 2025 | Updated by Findlaw Staff

(1) Within 20 days after the day on which an eligible voter files an initiative application under Section 20A-7-502, counsel for the county, city, or town to which the initiative pertains shall:

(a) review the proposed law that is the subject of the initiative application to determine whether the law is legally referable to voters; and

(b) notify the first three sponsors, in writing, whether the proposed law is:

(i) legally referable to voters; or

(ii) rejected as not legally referable to voters.

(2) A proposed law that is the subject of an initiative application is legally referable to voters unless:

(a) the proposed law:

(i) is patently unconstitutional;

(ii) is nonsensical;

(iii) is administrative, rather than legislative, in nature;

(iv) could not become law if passed;

(v) contains more than one subject as evaluated in accordance with Subsection 20A-7-502(3); or

(b) is identical or substantially similar to a legally referable proposed law sought by an initiative application submitted to the local clerk, under Section 20A-7-502, within two years before the day on which the initiative application for the current proposed law is filed;

(c) the subject of the proposed law is not clearly expressed in the law's title; or

(d) the initiative application was not timely filed or does not comply with the requirements of this part.

(3) After the end of the 20-day period described in Subsection (1), a county, city, or town may not:

(a) reject a proposed initiative as not legally referable to voters; or

(b) bring a legal action, other than to appeal a court decision, challenging a proposed initiative on the grounds that the proposed initiative is not legally referable to voters.

(4) If a county, city, or town rejects a proposed initiative, a sponsor of the proposed initiative may, within 10 days after the day on which a sponsor is notified under Subsection (1)(b), appeal the decision to:

(a) district court; or

(b) the Supreme Court, if the Supreme Court has original jurisdiction over the appeal.

(5) If, on appeal, the court determines that the law proposed by the initiative application is legally referable to voters, the local clerk shall comply with Subsection 20A-7-504(3), or give the sponsors access to the website defined in Section 20A-21-101, within five days after the day on which the determination, and any appeal of the determination, is final.

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Cite this article: FindLaw.com - Utah Code Title 20A. Election Code § 20A-7-502.7. Referability to voters - last updated January 01, 2025 | https://codes.findlaw.com/ut/title-20a-election-code/ut-code-sect-20a-7-502-7/

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